United Nations Verification Mission in Guatemala

“ In this climate of uncertainty, sectors of society, the Government and the international community began a process of reflection on a strategy that would help to strengthen democracy and to implement the peace agreements. To contribute to the search for a common denominator based on the peace agreements that would win the support of broad sectors of the population, MINUGUA, at the request of the parties, held an extensive round of consultations through which it discovered that there was some readiness on the part of sectors of society to work together on specific issues. ”

“ Recognizing the need for comprehensive housing policy that would give priority to low-income groups, the Vice-Ministry instituted a formal process of consultation and discussion with different sectors of civil society in which the final draft of a national housing and human settlements policy was produced. This is a laudable initiative which could help resolve the housing shortage, giving priority to the poorest groups. The next steps will be its adoption as State policy and the design of intersectoral and interinstitutional mechanisms to develop programmes and projects for implementing it. ”

“ In some parts of Guatemala, indigenous groups manage their natural resources in ways derived from their world view and their understanding of the ecosystems in which they live, resulting in sustainable development practices. Failure to comply with the commitments on identity and rights of indigenous peoples means the loss of knowledge about natural resource management and has become a major source of conflict among indigenous communities, the State and environmental organizations. ”

“ Although some progress has been made on taxation and other aspects which has improved tax collection by curbing tax evasion, not enough has been done to implement the commitments made in the Fiscal Pact and in the Political Agreement for Funding Peace, Development and Democracy. The need for a global approach has not been respected and the Government has failed to make progress on substantive issues such as assessment and oversight of public spending and fiscal decentralization. ”

“ Recently, important opportunities for participation have arisen in connection with the definition of some public policies, such as fiscal policy and policies for the advancement and development of women, educational reform, culture and housing. However, the commitments to create institutional mechanisms for social participation that will help develop public oversight and promote transparency in government decision-making have not been fulfilled. ”

“ I wish to encourage the Commission to Follow-up the Fiscal Pact to continue its efforts to ensure that all the commitments made are fulfilled, since that will make it possible to implement important social policies, such as those for education, housing and advancement of women, on which consensus was reached and which must be funded and set in motion as soon as possible. ”

“ An overall assessment of the peace agreements shows that the process of sustainable resettlement and definitive integration of demobilized combatants has not gone far enough and there is still no comprehensive development strategy that would ensure the sustainability of the overall integration of these population groups. In the social development area, huge gaps remain between the indigenous and non-indigenous population, between rural and urban areas and between men and women. ”

“ It is important to ensure, however, that the Commission does not see itself as a substitute for the necessary presence, strength and effectiveness of Government institutions in tackling the problems of public security and social and productive development which are at the heart of the growing level of conflict. ”

“ The Education Plan 2000-2004 and the Social Policy Matrix reveal the Government’s concern for education. A welcome development has been the process of consultation with civil society undertaken by the Ministry of Education and the Advisory Commission on Educational Reform. Those efforts need to be translated into the rapid implementation of the reform, curriculum changes and the development of teaching materials that also include appropriate contents for democratic civic education and education for participation. ”

“ The uprooted population and poor people in resettlement areas are still living in conditions of social exclusion. Social and economic investments have failed to create the conditions for development and there is still a tendency to favour isolated projects and interventions over long-term policies and strategies. Lack of access to land and to legal tenure remains a serious obstacle to the reintegration of the uprooted population and part of the demobilized population. ”

“ The work done by the Commission for Monitoring and Supporting the Strengthening of the Justice System, which has become an important forum for dialogue between civil society and State institutions, is commendable. It has tackled issues such as access to justice for indigenous peoples and the poorest population groups; professionalization of judicial personnel; and the budgetary situation of the justice sector. ”

“ The Government must demonstrate its political will to move ahead with the implementation of strategic commitments that will ensure the irreversibility of the peace process and help restore public confidence by allowing citizens to enjoy the benefits of peace. ”

“ Integration of indigenous people and women in the development councils is still rare or non-existent because of discrimination and the failure to institutionalize their participation. A proactive role by the councils would encourage participation and help ensure that cooperation programmes are geared towards rural areas. In this connection, it should be mentioned that in December the Joint Commission on Reform and Participation submitted its proposals for amending the Development Councils Act and the Municipal Code. ”

“ The Ministry of Public Health and Social Welfare unveiled its national reproductive health programme aimed at providing health services that will enable men and women to enjoy a satisfactory, healthy and risk-free reproductive life. It is important that this programme be put into effect and coordinated with the comprehensive health programme for children, adolescents, older persons and the disabled and with the work of the Multisectoral Commission on the Reduction of Maternal Mortality. ”

“ Internal control mechanisms are a challenge for the reform of the police and it is therefore essential that a comprehensive system be developed which permits effective oversight of the ethical and professional conduct of police personnel and supervision of their operational activities. Progress in this area will help increase public confidence in the new police force and legitimize it as an institution. ”

“ Social funds need to coordinate their work among themselves and with other levels of government within the framework of public policies. They also need to manage resources more transparently and should be part of the Integrated System of Financial Administration and Control and the Government Auditing System. They must not act as palliatives or substitutes for the necessary reform of the public sector. In 2001, social funds will manage approximately 25 per cent of the State’s social investment ”

“ The achievement of such consensus and hence the fulfilment of important commitments, including those aimed at bringing about the necessary structural changes for sustainable social and productive development, public participation, strengthening of the political system and modernization of the democratic State could provide the opportunity to reactivate the peace process and make sure that it is irreversible. ”

“ In order both to relieve the unemployment resulting from the coffee crisis by promoting new types of production and to refinance small and medium-sized producers, it is particularly important to make progress on the fiscal front so that the country can have access to financial markets and obtain the necessary backing of the International Monetary Fund. This would also make it easier to obtain specific loans from the international financial institutions for putting the banking system back on a sound footing and combating poverty. ”

“ The agreements establish that a State labour policy is critical for a strategy of growth with social justice. They therefore include commitments on amending the legal framework, strengthening and decentralizing the Ministry of Labour and Social Security, providing occupational training and education, improving social security and expanding its coverage, protecting the most vulnerable categories of workers and promoting collective bargaining and consensus methods of settling labour disputes. ”

“ Lack of equity in employment opportunities, lack of gender equity, ethnic discrimination, lack of access to basic services and the fact that large sectors of the population continue to live in poverty and extreme poverty threaten the gains and the sustainability of the peace process. ”

“ As I said in earlier reports, I am deeply concerned that the peace process is still having little impact on the lives of Guatemala’s people, a situation which threatens the sustainability and strength of the process and is causing organizations of civil society to mobilize and demand that pending commitments be implemented. ”

“ The peace agreements recognize the serious poverty and social exclusion in which most Guatemalans live as one of the structural causes of the internal armed conflict. These in turn result from, among other things, the concentration of land ownership and the low wages paid to workers. ”

“ Outstanding issues which the State and civil society have to address include the training of judicial personnel in multiculturalism, the introduction of cultural expertise and the need to end certain manifestations of discrimination in the administration of justice. ”

“ There has been a valuable initiative to promote social participation in the oversight of services in 48 municipalities, referred to as Municipalities Promoting Health and Peace, 16 of which have populations largely made up of resettled persons. There is a need to improve mental health care in areas affected by the armed conflict and rehabilitation programmes for the war disabled. The closure of the Secretariat for Social Development, which was in charge of building and remodelling 11 hospitals, has created uncertainty about the future of these facilities ”

“ The public spending target for public security has been exceeded; however, an examination of expenditure heading reveals that more funds have been allocated for operations than for investment, which has held back the improvements needed in the infrastructure and equipment of the new National Civil Police. ”

“ However, although women have identified their needs through wide-ranging consultations, there are still constraints on their participation in forums, which have an impact on development planning. The Mission wishes to highlight the Women’s Forum action plan, submitted to the Follow-up Commission, for coordinating sectoral monitoring of compliance with the commitments relating to women with the Presidential Secretariat for Women and reiterates the importance of giving fresh impetus and support to this influential consultative body. ”

“ The National Coordinating Office of Peasant Organizations, for its part, launched a process of national consultation with its grass-roots organizations which will culminate in policy proposals to be discussed with the Government. The absence of a comprehensive, long-term vision has also tended to weaken some institutions in the sector. ”

“ The Mission commends the creation of a Gender, Women and Rural Youth Unit in the Ministry of Agriculture with the task of promoting the mainstreaming of a gender perspective in the Ministry’s policies, programmes and projects and the formulation of affirmative action plans that will help eliminate gender and age inequalities, and pushing for women’s equal access to land ownership. ”

“ In the area of social consensus-building, significant developments include the re-incorporation of employers in the meetings of the Tripartite Commission on International Affairs, the creation of the Tripartite Commission on Occupational Health and Safety and the organization of hygiene and safety committees in a number of firms. ”

“ Given the current lack of progress in fulfilling the commitments made under the peace agreements, it is urgent that the different principal actors revive the spirit of the rescheduling exercise, move ahead in the search for consensus and succeed in pooling their efforts on issues of strategic importance for the consolidation of peace in Guatemala. ”

“ The Government must fulfil its commitment to protect individuals and organizations that promote respect for human rights and to ensure that judicial officials and others involved in criminal proceedings are able to act free of pressure, as well as its commitment to investigate, punish and take action to put a stop to all such practices. ”

“ The State’s social policies must correct these distortions by improving incomes and access to services for the poorest sectors of the population. Moreover, while indicators such as life expectancy, infant mortality and literacy have improved, greater efforts still need to be made. ”